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New Extrajudicial Eviction Law Allows Eviction by Notary Without Court Action, Speeding Up Property Repossession and Bringing Uncertainty for Tenants and Owners.
The ability to carry out eviction without a court process, directly through a notary, is transforming the debate on rental relationships in Brazil. The so-called extrajudicial eviction law, approved by the Chamber of Deputies through Bill No. 3.999/2020, profoundly alters the dynamics between tenants and owners, creating a quick, simplified, and controversial procedure to remove a defaulting occupant.
The proposal is now under review in the Senate but is already provoking intense reactions in the real estate market, among consumer advocacy groups, housing unions, and legal experts studying the Tenancy Law (Law No. 8.245/1991). The central point is simple: for the first time, a tenant can be removed from the property through a notarial procedure, without an eviction action in court, as long as the legal requirements are met.
The change has the potential to accelerate thousands of urban conflicts, reduce the time of eviction, and reorganize the rental logic in major cities — but it also raises doubts about social protection, the security of the procedure, and balance between the parties.
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New Extrajudicial Eviction Law and Impact on the Rental Market
If confirmed in the Senate, the law will allow owners to request eviction directly at a notary office, upon providing documentary proof of default and formal notification to the tenant. Instead of proceeding to the Judiciary — currently the most time-consuming stage of the entire process — the notary will issue an extrajudicial order requiring the tenant to vacate the property within a specified time.
The declared objective is to drastically reduce the time of property repossession. Currently, an eviction action can take 8 months to 3 years, depending on the jurisdiction. Under the new model, the extrajudicial procedure could be completed in just a few weeks.
For small property owners — those who have only one property as income — the proposal is seen as a relief. For vulnerable tenants, however, it raises concern.
Eviction Without Court Action: How the Procedure Will Work
According to the text approved by the Chamber, extrajudicial eviction can only occur when there is:
- Written rental agreement
- Express clause permitting extrajudicial eviction
- Verified default
- Pervious notification of the tenant by the notary office itself
If the tenant does not pay the debt or present a defense within the established time frame, the notary will finalize the procedure and authorize the eviction, potentially even requesting police force to ensure compliance.
The most sensitive stage is precisely the notification. Legal experts argue that it must be carried out with extreme rigor to avoid violations of rights, especially in cases involving elderly tenants, persons with disabilities, families with children, or economically vulnerable situations.
Legal Risks and Possible Abuses in Extrajudicial Eviction
Real estate lawyers warn that the new law may generate:
- Disputes over the validity of notifications
- Claims of abuse or coercion
- Increased litigation after eviction
- Conflicts over amounts charged
- Questions regarding contractual clauses
The biggest risk is the following: in old contracts or poorly written documents, extrajudicial eviction can be triggered without the tenant fully understanding the procedure.
For this reason, experts assert that the law requires mass contractual review, especially in major centers like São Paulo, Rio de Janeiro, and Belo Horizonte, where the number of verbal contracts remains significant.
Tenancy Law and the Redesign of Tenant Protection
The Tenancy Law (Law No. 8.245/1991) has always been focused on dual balance: ensuring the right of the owner to receive rent while keeping the tenant protected against abuses. The extrajudicial eviction alters this balance by reducing judicial mediation, especially in cases of sudden default — one of the most frequent scenarios during periods of economic instability.
Consumer advocacy groups argue that extrajudicial eviction can affect families facing unemployment or temporary delays. They contend that the judiciary serves as a filter to prevent hasty decisions, especially when there are doubts about amounts, penalties, renovations, and wrongful charges.
On the other hand, property owners claim that the judiciary is overburdened and slow, making renting less attractive for small investors. For them, the new law brings security and predictability to the market.
Informal Renting, Digital Contracts, and New Urban Challenges
A critical point highlighted by experts is that a significant portion of rentals in Brazil is still informal, particularly in large urban peripheries. In these cases, without a written contract and specific clause, there will be no extrajudicial eviction — but the risk of parallel disputes over possession, adverse possession, unauthorized subleases, and prolonged occupations increases.
With the digitization of contracts (Law No. 14.382/2022), the number of electronic signatures, online platforms, and automated models is also increasing. The new law may accelerate this movement but could also heighten the volume of fraud and scams involving fake owners.
How the Market Should React to the New Law
Experts assert that, if approved, the law will provoke immediate changes:
- General review of rental contracts
- Increased formalization and reduction of verbal agreements
- Greater demand for robust guarantees, such as rental insurance
- More caution in low-income rentals
- Possible increase in rental prices, reflecting the new legal risk
Real estate agencies and notary offices are preparing for a new flow of demands that could transform the sector in the coming years.
What to Expect Moving Forward
The Senate is expected to review the text in the coming months, and there is anticipation that the debate will include adjustments regarding notification, tenant defense, and minimum social protection. If approved without changes, the law will usher in a new phase in the Brazilian real estate market — faster, more rigid, and with greater space for legal disputes.
For millions of families who depend on renting to live or to supplement income, the change is not technical: it is a profound transformation in how Brazil deals with housing, default, and property relationships.
A notificação devia ser por WhatsApp da pessoa e do fiador… e seria ate flexível ao prazo de atraso de 30 dias pra notificação e mais 30 dias pra despejo, totalizando 60 dias pra que o despejo seja concretizado…
Assim daria aos bons inquilinos, maneiras melhores de negociação. E óbvio que dificultaria para os maus.
E obrigaria os maus inquilinos a acertar valores pendentes.
Que venha imediatamente essa lei. Pra por um fim na farra dos caloteiros de carteirinha, que já entram no imóvel alheio com a intenção de não pagar. Se beneficiando do inchaço e da morosidade do judiciário brasileiro.
Melhor investir em aplicações financeiras do que comprar imóveis para alugar, só dá dor de cabeça